Law Enforcement Have Breached An Individual 's Liberty And Privacy

1069 Words Nov 21st, 2016 5 Pages
This case raises the question of whether law enforcement have breached an individual’s liberty and privacy. The appellant, Anne Juliette Roberts, brought a legal action brought before the court because she was unsatisfied with the decision of the Divisional Court of the Queen’s Bench Division. The basis of her appeal was that the Court had misjudged her plea. She sought another judicial review of the search she was subjected to on 9 September 2010 by PC Reid in Tottenham. Roberts was stopped and searched under the permission given by s.60 of the Criminal Justice and Public Order Act 1994. PC Reid was called to assist a ticket inspector because the appellant gave a false name and address after being caught fare-dodging and required to give her personal details. The appellant was also holding her purse unusually close to herself. These circumstances led the officer to make the decision to search the appellant, which was permitted by s.60 because ‘an authorisation [was] in place’ as the result of ‘an escalation in gang violence’ in Tottenham. The appellant’s original litigation was dismissed by the Divisional Court of the Queen’s Bench Division (Moses LJ and Eady J) on 17 July 2012. She then pursued an appeal challenging the belief that s.60 is incompatible with articles 5, 8 and 14 of the European Convention on Human Rights and Fundamental Freedoms. The basis of the appeal was that the Divisional Court had erred in deciding to refuse the claimant’s…

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